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Resolving California boundary disputes

On Behalf of | May 24, 2023 | Real estate disputes

California property law statutes protect the rights of property owners. For example, California Boundry Fence Statutes govern boundary fence ownership, construction and maintenance. These property laws often help when resolving various real estate disputes.

Resolving boundary disputes

Possible options in California include negotiating with those involved or using a mediator to help resolve the issue. Both options allow you to discuss the problem in an effort to find a favorable resolution. But when there’s a mediator, the mediator helps guide the discussion.

Other options include arbitration and taking the issue to court. If you choose arbitration, a neutral third party will resolve the issue. The arbitrator’s decision is legally binding.

Type of disputes

Easements are a common cause of real estate disputes. An easement gives someone else the right to access your property. An example is a utility company that can access your property to check or repair utility equipment. However, easements can become an issue when you oppose the activity.

For instance, you might dislike that your yard is a shortcut to a public walking path. If you ask your neighbors to stay out of your yard, this may cause a boundary dispute. This is especially likely if your yard was a shortcut long before you purchased the property. You might need legal help to resolve the dispute if asking them to stop doesn’t solve the problem.

Encroachments are also a source of boundary disputes. An encroachment is when someone builds something on or across your property line. Neighbors sometimes build without considering the importance of property lines.

For example, your neighbor might add an extension to their home that crosses over onto your property line. Because of a failure to take property lines into account, you’ll likely have to deal with your neighbor and a property dispute.

Real estate disputes can cause problems between neighbors, harm property values and become costly. There’s no one solution when it comes to resolving these disputes. You’ll have to decide which resolution option is best for your situation.